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Schenectady Drunk Driving Accident Attorneys

Let Our Help Recover Financial Compensation on Your Behalf

Alcohol can impair your motor skills, reduces your reaction time, and negatively affects your judgement and vigilance on the road. Unfortunately, about 28 people in the United States die in drunk-driving accidents, according to the National Highway Traffic Safety Administration (NHTSA). If you have been injured in a crash caused by a drunk driver, it is wise to hire an experienced personal injury attorney to help you obtain financial compensation to cover your losses.

At DeLorenzo, Grasso & Dalmata, LLP, we provide our clients with knowledgeable and personalized legal representation. Our legal team can investigate the accident, collect and assess evidence, negotiate with insurance companies, and maximize your award or settlement. Do not hesitate to let us protect your rights and best interests inside and outside the courtroom.

Call (518) 299-0314 or fill out our online contact form today to schedule a free consultation.

Drunk Driving in New York

In the State of New York, a driver is considered to be driving while intoxicated (DWI) if he/she has a blood alcohol concentration (BAC) of at least .08 percent. However, the legal limit for commercial driver’s license (CDL) holders is .04 percent and .02 percent for underage drivers (younger than 21 years old).

A first-time DWI in New York is a misdemeanor, punishable by a maximum jail sentence of one year, a fine of up to $1,000, and driver’s license revocation for at least six months. However, if a drunk driver’s BAC level is at least .18 percent, he/she can be charged with aggravated DWI, which carries a jail term of up to one year, a maximum fine of $2,500, and license revocation for at least one year.

All drivers have a duty to operate their vehicles in a reasonably safe manner and obey all traffic laws. If a driver is under the influence, he/she essentially breaches that duty for breaking the law and operates the vehicle in an unsafe manner due to the well-known dangers of impaired driving. If intoxication is the cause of a collision and an accident victim suffers losses, the injured party can recover damages from the at-fault drunk driver.

Dram Shop & Social Host Liability Claims in NY

If a person is injured in a car accident caused by a drunk driver in New York, there are some situations in which the injured party can recover compensation from other parties. Claims against alcohol vendors (e.g., bars, restaurants, etc.) are known as “dram shop” lawsuits, while claims against non-vendors who provide alcohol to guests are called “social host liability” lawsuits.

When it comes to dram shop claims, an injured party can file a lawsuit against an alcohol vendor that provides alcohol to someone who is visibly intoxicated or an underage person. For example, if a bar patron is clearly intoxicated by slurring his words, having difficulties sitting up or walking, or shows other obvious signs of impairment but the bartender continues to serve the patron alcohol despite his current state, the establishment can also be held liable for any injuries caused by the drunk patron. If a bartender fails to check an underage person’s ID and proceeds to serve the individual alcohol, if he/she is later involved in a crash, the embellishment can be held liable.

In regard to social host liability claims, a social host is only liable to an injured party if the host knowingly served alcohol to an underage guest. Therefore, the law does not impose liability on social hosts who serve guests who are visibly intoxicated.

Schedule a Free Consultation Today

Since 1948, our firm has successfully represented countless clients who have been injured in a variety of car accidents, including drunk driving accidents. Let us fight for your rightful compensation while you make the best possible recovery from injury.

Contact us today at (518) 299-0314 to discuss your case with our Schenectady drunk driving accident lawyers!

The Benefits of Having Our Team in Your Corner

  • Experience

    Collectively, we've been practicing law for over 150 years and have been named among the most experienced law firms in the Capital Region Business Review.

  • Trial Lawyers

    We've had extensive trial experience with all types of personal injury cases, recovering millions for our clients in both settlements and verdicts.

  • Peer Recognition

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